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Home My WebLink AboutPublic Notice AFFIDAVIT OF PUBLIC NOTICE SIGN PLACEMENT I, James E. Shinaver, Attorney with the law firm of Nelson and Frankenberger, PC, representing the Applicant of the property involved in this Public Hearing, do hereby certify that placement of the public hearing notice sign to consider Carmel Board of Zoning Appeals Docket Number 13120009 V thru 13120013 V was placed on the subject property at least twenty seven (27) days prior to the date of the public hearing scheduled for January 28, 2014. i James F/Sh'�ver STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared James E. Shinaver, and acknowledged the execution of the foregoing Affidavit. WITNESS my hand and Notarial Seal this "! ) —day of January, 2014. My Commission Expires: Oe cli t n)- r)\ Nota Public Residing in Hamilton County sw•s� fps JILENNA L CIOYS Nry PblicIndiana Resident of Hamilton County 'OF ND-�My CpfPD1SIOi FK^f?S rpf 13 :n"1 State of Indiana ) ss: Hamilton County PUBLISHER'S AFFIDAVIT Personally appeared before me, a notary public in and for said county and state, the undersigned Tim Timmons who, being duly sworn, says that he is Publisher of The Times newspaper of general circulation printed and published in the Enghsh language in the city of Noblesville in state and county afore -said, and that the printed matter attached hereto is a true copy, which was duly published in said paper for 1 time(s), the date(s_) of _ pubhcation being as follows: 12/26/2013 Subscribed and sworn to before me this Thursday, December 26, 2013. Notary Public My commission expires: 05/28/2020 Jennifer Louise May Resident of Marion County Publisher's Fee: $114.24 i JENNIFER LOUISE MAY Notary Public- Seal State of Indiana My Commission Expires May 28, 2020 Y 1 TL 4269 AFFIDAVIT I, James E. Shinaver, Attorney with the law firm of Nelson & Frankenberger, representing the Applicant of the property involved in this Notice of Public Hearing, upon my oath and being duly sworn upon the same, hereby represent and warrant that the foregoing Notice of Public Hearing Before the Carmel Board of Zoning Appeals in the City of Carmel, Indiana, January 28, 2014 at 6:00 pm, was mailed by certified mail, to those owners of the real estate as listed on Exhibit A attached hereto not less than twenty seven (27) days prior to the date of the hearing. A copy of the said Public Notice is attached hereto and incorporated herein by reference as Exhibit B. STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared James E. Shinaver, and acknowledged the execution of the foregoing Affidavit. WITNESS my hand and Notarial Seal this off= day of January, 2014. My Commission Expires: 9 jlg)a�\ Residing in Hamilton County C2/yw ) CC Notary Public JILENNA L. CLOYS Notary Public- Indiana Resident of Hamilton County My Commission Expires Sept. 18, 2021 Armstrong, G William Trustee of Armstrong Family Charitable Trust 10654 Sunset Point Ln Fishers IN 46037 7802 Armtrust V LLC 10654 Sunset Point Ln Fishers IN 46037 C &C Realty Co LLC 9834 Michigan Rd N Carmel IN 46032 Heartland Oil Michigan Road LLC 5333 86`h St W Bldg 7 Park 100 Indianapolis IN 46268 West Carmel Marketplace Owners Association Inc 250 CIVIC CENTER DR STE 500 Columbus OH 43215 Armtrust III LLC 10654 Sunset Point Ln Fishers IN 46037 Chief Financial Services 11589 Westbury P1 Carmel IN 46032 Lande, Gerald & Beth 9699 Michigan Rd N Carmel IN 46032 H-\Zoning & Real Estate Matters\Prime Car Wash \Notice \Variance Notice Labels,docx b EXHIBIT NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket Numbers 13120009 V thru 13120013 V b EXHIBIT 8 NOTICE IS HEREBY GIVEN that the Carmel Board of Zoning Appeals, will conduct a meeting on the 28th day of January, 2014, at 6:00 p.m., in the Council Chambers, City Hall, One Civic Square, Carmel, Indiana 46032, to hold a Public Hearing regarding the application, identified by the Docket Numbers referenced above, regarding a request for development standards variances. The variance requests pertain to (i) Section 33.05.A.5.C, (ii) Section 23C.11.F, (iii) Section 25.07.02 -03.B, (iv) Section 25.07.02 -03 and (v) Section 25.07.02 -06 of the Zoning Ordinance and seek permission to (i) allow a 10 -foot perimeter bufferyard on the south side of the parcel, (ii) permit stacking for a drive -thru lane to be on the north side of the building, (iii) permit three wall signs, (iv) permit a wall sign on the north facade not facing a street and (v) permit drive -thru menu signs (the "Variances "). The real estate made the subject of the Variances is located at the northeast corner of 98th Street and Michigan Road, at approximately 9801 Michigan Road, Carmel, Indiana and which real estate is part of the land assigned property tax parcel number 17- 13- 07- 04 -01- 004.000; 17- 13-07-04-01- 003.000; 17- 13- 07- 04 -01- 002.000; 17- 13- 07- 04 -01- 001.000; 17-13-07-04-01- 001.003; 17- 13- 07- 04- 01- 001.002_(the "Real Estate "). The Real Estate is presently zoned B- 3 /Business and lies within the Michigan Road / US 421 Corridor Overlay Zone and is approximately 1.47 acres in size. The Real Estate is outlined on the attached site location map. The application is identified as Docket Numbers 13120009 V thru 13120013 V and copies of the request and accompanying plans are on file for examination at the Department of Community Services, One Civic Square, Carmel, IN 46032, telephone (317) 571 -2417. All interested persons desiring to present their views on the above proposed Variances, either in writing or verbally, will be given an opportunity to be heard at the above - mentioned time and place. Written comments filed with the Department of Community Services prior to or at the Public Hearing will be considered, and oral comments will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CARMEL, INDIANA Connie Tingley, Secretary, City of Carmel Board of Zoning Appeals APPLICANT Prime Car Wash, LLC Brent J. Oakley 14375 Mundy Drive Noblesville, IN 46060 Phone: (317) 341 -4719 ATTORNEY FOR APPLICANT James E. Shinaver NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Phone: (317) 844 -0106 HAMILTON COUNTYAUDITOR I, DAWN COVERDALE,AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS LABELED AS NEIGHBORS ARE THE PROPERTY OWNERS THAT ADJOIN AND ABUT THE REAL ESTATE MARKED AS SUBJECT-PROPERTY THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE, ®111 12 Arto RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY\ . .. 4 DAWN COVERDALE, HAMILTON COUNTY AUDITOR G),� . DATED- - FI SUBJECT PROPERTY: 17-13-07-04-01-001.000 Subject Armstrong, G William Trustee of Armstrong Family Charitable Trust 10654 Sunset Point Ln Fishers IN 46037 7802 is 17-13-07-04-01-001.002 Subject Armtrust V LLC 10654 Sunset Point Ln Fishers IN 46037 17-13-07-04-01-001.003 Subject Armtrust V LLC 10654 Sunset Point Ln Fishers IN 46037 17-13-07-04-01-001000 Subject Armstrong, G William Trustee of Armstrong Family Charitable Trust 10654 Sunset Point Ln Fishers IN 46037 7802 17-13-07-04-01-003.000 Subject Armstrong,G William Trustee of Armstrong Family Charitable Trust 10654 Sunset Point Ln Fishers IN 46037 7802 Pursuant to the provisions of Indiana Code 5-14-3-3-(e),no person other than those authorized by the County may reproduce,grant access,deliver,or sell any information obtained from any department or office of the County to any other person,partnership,or corporation. In addition any person who receives information from the County shall not be permitted to use any mailing list,addresses,or databases for the purpose of selling,advertising,or soliciting the purchase of merchandise,goods,services,or to sell,loan, give away,or otherwise deliver the information obtained by the request to any other person . 12/12/2013.2. . ,. .�. _.._._...� s. mot., .m Page 1 of 2 17-13-07-04-01-004.000 Subject Armstrong, G William Trustee of Armstrong Family Charitable Trust 10654 Sunset Point Ln Fishers IN 46037 7802 Pursuant to the provisions.of Indiana Code 5-14-3-3-(e),no person other than those authorized by the County may reproduce,grant access,deliver,or sell any information obtained from any department or office of the County to any other person,partnership,or corporation. In addition any person who receives information from the County shall not be permitted to use any mailing list,addresses,or databases for the purpose of selling,advertising,or soliciting the purchase of merchandise,goods,services,or to sell,loan, give away,or otherwise deliver the information obtained by the request to any other person. 12/12/2013_.. Page 2 of 2 a HAMILTON COUNTYNOTIFICATION LIST PLEASE NOTIFY THE FOLLOWING PERSONS 17-13-07-00-00-042.000 Neighbor C &C Realty Co LLC 9834 Michigan Rd N Carmel IN 46032 17-13-07-00-00-042.003 Neighbor C &C Realty Co LLC 9834 Michigan Rd N Carmel IN 46032 17-13-07-00-00-043.000 Neighbor Heartland Oil Michigan Road LLC 5333 86th St W Bldg 7 Park 100 Indianapolis IN 46268 17-13-07-00-24-007.000 Neighbor West Carmel Marketplace Owners Association Inc 250 CIVIC CENTER DR STE 500 Columbus OH 43215 17-13-07-00-25-001.000 Neighbor Armtrust V LLC 10654 Sunset Point Ln Fishers IN 46037 17-13-07-04-01-001.001 Neighbor Armtrust V LLC 10654 Sunset Point Ln Fishers IN 46037 17-13-07-04-01-005.000 Neighbor Armtrust III LLC 10654 Sunset Point Ln Fishers IN 46037 17-13-07-04-02-001.000 Neighbor Chief Financial Services PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE,DIVISION OF TAX MAPPING 12/12/2013 Page 1 of 2 11589 Westbury PI Carmel IN 46032 17-13-07-04-02-002.000 Neighbor Lande, Gerald & Beth 9699 Michigan Rd N Carmel IN 46032 PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE,DIVISION OF TAX MAPPING 12/12/2013 Page 2 of 2 Xi 0 of 0 a El o of 0 11 CD \\\\\\\ Lo g \� t. \ \ s, 0 0 1 \ Ei1, liii- 8----- \ ■ \ 1`\_� \ 0 11 8 \ 1 \1 \ .-- --'---i � -- ,' \ \\1 0 0 0 0 0 \ 00 \ o 8 \ N \, \ 0 1 1 N V /J ✓ l 1 . I NELSON & FRANKENBERGER JAMES J NELSON CHARLES D FRANKENBERGER JAMES E. SHINAVER LAWRENCE J KEMPER JOHN B FLATT FREDRIC LAWRENCE BRIAN K. TEKULVE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE 317 - 844 -0106 FACSIMILE. 317- 846 -8782 January 24, 2014 Alexia Donahue -Wold Carmel Department of Community Services One Civic Square Carmel, IN 46032 RE: Proof of Mailing and Publication for Prime Car Wash Docket No. Number 13120009 V thru 13120013 V Board of Zoning Appeals scheduled for January 28, 2013 Dear Alexia: Enclosed you will find the following: JANE B. MERRILL, Of Counsel JON C DOBOSIEWICZ, Land Use Professional 1. Publisher's Affidavit; 2. Affidavit of Notice of Mailing regarding Public Hearing; 3. Certified Mail Return Receipts; 4. Copy of Notice which was sent to surrounding property owners; 5. List of surrounding property owners provided to our office by the Hamilton County Auditor; and 6. Affidavit regarding posting of notice sign. Please call should you have any questions. Very truly yours, NELSON & FRANKENBERGER, P.C. es E. Shinaver Enclosures H:\Zoning & Real Estate Matters\Prime Car Wash \Notice \Proof of Publication to A- DonahueWold - BZA.docx